Real Estate & Construction

A first DUI charge may sound simple, and you may want to represent yourself, thinking it may be reduced to a misdemeanor with no or minimal chances of jail time. Unfortunately, most drunk driving charges are complicated, and you may not be able to handle them alone. There is a civil and criminal side to a DUI, and a public defender cannot handle the civil side of the case. This can result in the suspicion of your license, affecting your daily operations.
If you’ve been charged with a first DUI, you may be wondering whether you should hire a DUI
Continue Reading Protect Your Rights with a DUI Attorney on Your First DUI

“Zombie foreclosures” in Illinois are haunting homeowners well into the holiday season and  Illinois has the fourth overall number of zombie foreclosures in the United States. Perhaps you are facing this situation and need a real estate attorney to avoid losing your home to foreclosure. Or worse, maybe you already lost your home to foreclosure and are just finding out that outstanding debts on the property are still your responsibility. At Newland & Newland, LLP, we work tirelessly to keep you from losing your home in the first place by finding solutions to try to prevent foreclosure.
What is
Continue Reading Zombie Properties on the Rise: Three Ways to Avoid Foreclosure 

The police are the law enforcement officers mandated to investigate all alleged offenses. They aim to collect sufficient evidence compelling enough for the prosecutor to use in a court of law. When the police ask you to make a statement, issue subpoenas to obtain specific documents, conduct a search, or summon you for questioning, you have not yet been charged in a court of law.

Generally, people believe they should wait until the prosecutor formally charges them in a court of law before hiring a lawyer. This may be too late in many cases. Many people also believe that admitting
Continue Reading Why You Should Hire a Lawyer for Police Questioning?

Having a bank initiate the legal process of taking possession of your property through foreclosure – in Illinois or any other state is understandably worrisome. However, by undertaking “loss mitigation” for your foreclosure case: devising a plan for keeping your home, or perhaps giving it up, yet avoiding liability, you may improve the outcome.
The foreclosure process can take some months, and you can remain in your home during this period. A sound defense administered by an experienced attorney may extend this time, and in some cases could result in the Court denying the bank’s foreclosure lawsuit altogether.
Potential actions
Continue Reading Know Your Options When Facing a Foreclosure in Illinois

Postnuptial agreements are relatively new in the legal field, but they are just as powerful as pre-nuptial agreements. Like prenuptial agreements, post-nuptials, post-marital agreements or postnups, as they are also called, outline the ownership of assets in the event of a divorce, among other functions. They also spare spouses costly divorce settlements and bring a sense of calm in otherwise trying times.
Elements of a Postnuptial Agreement 
Illinois law dictates that a couple’s assets must be divided equitably based on certain factors like;

  • How long was the couple married
  • The value of the assets
  • Tax implications
  • Whether spousal support


Continue Reading What is the Role of a Post Nuptial Agreement in Illinois?

Buying your home is probably one of the biggest investments you have made. As life would have it, things happen, and you have fallen behind on your mortgage payments. You may be in default or foreclosure proceedings are underway. You should seek out help to protect your home and your credit.
Foreclosure Spike
The foreclosure process often starts when you receive a default notice from the lender after missing three mortgage payments in a row. In just the last quarter, lenders have started the foreclosure process on 67,249 properties across the United States. That is a 167 percent jump from
Continue Reading Are You Facing Foreclosure Due to Lender Errors?

 
The Federal Arbitration Act enacted in 1952 allows businesses to settle disputes in arbitration. Unfortunately, some car dealerships have expanded to mandatory arbitration agreements when selling new or used cars and financing contracts. They expect buyers to  sign the contracts to settle future disputes.
If you are planning to buy a car in Illinois, it is important to do due diligence and understand the terms and conditions before you proceed. You should know whether or not you must sign an arbitration agreement. This can help you make informed decisions.
If you have issues with the dealership concerning the arbitration
Continue Reading Arbitration Agreement: What is it and Must You Sign One When Purchasing a Car in Illinois?

I am not sure where this year went, but we have already experienced the first frost in the Chicagoland area. Like it or not, winter is right around the corner! This article should serve as a reminder that if you have not started your winter preparations, do so now.

Boards of HOAs and condos, as well as partners in property management, can recognize that the coming months in Illinois lead to weather conditions that increase the rate of slip-and-fall accidents. Inadequate or improper snow removal can be one of the contributing factors. The following tips regarding property management when it comes to
Continue Reading The More You Know Before the First Snow: Condo and HOA Winter Preparation

 
A last will and testament is an integral part of an estate plan. It is a legal document to outline your wishes for how you want to have your property distributed after death. It is important to follow the specific rules for executing a will in Illinois to avoid any challenges to your will upon death. Certain individuals may challenge the contents of a will in probate court to have a Judge or jury decide the ultimate distribution of estate assets. Here is how an individual may contest the validity of a will in Illinois:
Who Can Contest a
Continue Reading How to Contest a Will in Illinois

Prenup Agreements in Illinois—Everything You Need to Know
If you’re in the process of getting married and your future spouse has substantial assets to protect, you may be considering a prenuptial agreement.  But what are these agreements? What makes them so helpful, and how can they protect your marriage?
Here’s everything you need to know about prenups in Illinois before signing one or if your partner brings up the idea with you.
What Is a Prenuptial Agreement?
A prenuptial agreement is a contract entered into by an unmarried couple before marriage. These agreements are utilized when one of the parties
Continue Reading Prenup Agreements in Illinois

 
Filing for bankruptcy may be a strong tool to reset your financial position and get creditors off your back if you’re drowning in debt. It prevents creditors from using any further collection efforts, such as phone calls, garnishments, lawsuits, mailings, etc. Many debts, such as medical expenses, credit card payments, personal loans, and more, may be discharged in bankruptcy.
If your financial situation is dire, bankruptcy may be possible, albeit you must meet certain requirements. To get out of debt, you need to satisfy certain requirements; if you don’t, you may need to look into other options.
SEEK TO
Continue Reading What Should I Do About My Debt If I Can’t File for Bankruptcy?

Spooky homes and dark tales abound this time of year. But if your dream of homeownership has suddenly left you seeing ghosts, you may feel like someone played a trick on you. Selling and buying real estate can be complex, and disclosure laws can be equally perplexing. But in Illinois, it is your responsibility as the buyer to find out if the house you wish to buy has a tragic history or spirits luring inside.

What is a Stigmatized House?
A seller in Illinois is required to disclose any physical defects the property may have. The law does not require
Continue Reading Paranormal Activity in a New Home: Illinois Law Regarding Stigmatized Houses

 
The process of divorce can be complicated. If you are considering divorce or have already begun the process, you likely have many questions about the next steps and what to expect. One issue that often arises in divorce cases is hidden assets. In other words, one spouse may hide money or valuable assets from the other. This blog will explain how couples can find hidden assets during divorce and how they should go about detecting them.
Hidden Assets
The hidden assets can take many forms. They are assets that are not reported or disclosed. It’s a common practice for
Continue Reading Tips for Finding Hidden Assets in a Divorce?

You have recently commissioned the construction or remodeling of a home or business. Nearing the end of the work something goes wrong and it results in a lack of payment to your contractors. Perhaps something was not made to spec and you need it done right before final payment. Perhaps you have paid in full, but your contractor is asking for more than you agreed to.
As a result of this payment dispute, your contractor filed a mechanics lien against your property. What does it mean, and what should you do about it? That is what we’re here to answer
Continue Reading My Contractor Filed a Mechanics Lien. What Should I Do?

The current real estate market is making it harder to find the perfect new home than most people are expecting. Let’s assume, however, that you found the right house, and you are ready to make an offer, but your real estate agent tells you that the home is an FSBO. You might recognize that abbreviation to mean “for sale by owner,” but do you understand the effects that a sale by the owner can have on your homebuying experience? Selling an FSBO property can be tricky, but so can buying one. Here are a few things you should know
Continue Reading Pros and Cons of Buying a “For Sale By Owner” Home

 
Can a Debt Collector do that?
Despite what some may believe, debt collectors do not have full reign when attempting to secure payments for defaulted accounts. The Fair Debt Collection Practices Act (FDCPA) prohibits third-party collectors from verbally harassing and using other tactics meant to pressure the debtor into making agreements that he may not be able to keep.
The best way to ensure fair treatment as a debtor is to hire an attorney.
What exactly is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits the powers of third-party debt collectors. This
Continue Reading Fair Debt Collection Practices Act (FDCPA) and Debt Collection in Illinois